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Merger Tool Box Tools and techniques used for developing reliable evidence Comparative work on substantive standards for reviewing mergers and the criteria for applying those standards Tools for crafting remedies Recommendations on Merger Review Procedures

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Merger Remedies Review Project This report provides a practical guide to the choice, design and implementation of merger remedies. It achieves this by summarizing key principles and practices employed by a wide cross-section of ICN members and then illustrating significant issues through case studies.

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ICN Guiding Principles and Recommended Practices for Merger Notification & Review Procedures The GPs and RPs are non-binding consensus statements intended as guidance for all members They incorporate best practices across ICN member agencies

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RP VI. CONDUCT OF MERGER INVESTIGATIONS Agencies should: –include opportunities for discussions between the competition agency and the merging parties at key points in the investigation –provide merging parties with an explanation of competitive concerns –ensure that investigations are completed without undue delay –avoid imposing unnecessary costs and burdens on merging parties and third parties –comply with applicable legal privileges and confidentiality procedures

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RP VII. PROCEDURAL FAIRNESS Agencies should provide merging parties with sufficient and timely information on competitive concerns. Parties should have a meaningful opportunity to respond to such concerns. Third parties should be allowed to express their views during the merger review process. Agencies should ensure that the process is implemented fairly, efficiently, and consistently. Merger review systems should provide an opportunity for timely review by a separate adjudicative body of an agency’s final adverse decision on the merits.

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RP. XI Remedies A remedy should address the identified competitive harm arising from the proposed transaction. The merger review system should provide a transparent framework for the proposal, discussion, and adoption of remedies. Procedures and practices should be established to ensure that remedies are effective and easily administrable. Appropriate means should be provided to ensure implementation, monitoring of compliance, and enforcement of the remedy.

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